The present invention is best put into perspective by the teachings of Anguillo et al., U.S. Pat. No. 3,816,616 (1974), which states in column 1 thereof, lines 20-52:
"The possibility of combining both shampoo and cream rinse action in a single composition for use in a single treatment of the hair has been investigated but until now has been considered impractical. It is well known that anionic detergents and polymers are suitable for shampooing and that cationic detergents and polymers act as cream rinses in many instances. The difficulty which investigators have encountered where these two types of materials are contacted with one another is that they either precipitate or react with one another to the extent that their individual effectiveness is significantly impaired. This is so even if they remain in solution or in a suspended state. The incompatibility of anionic and cationic compounds is well recognized by workers in the art as indicated by Sagarin in Cosmetics, Interscience Publishers, Inc., New York, 1957, where it is stated on page 538 that anionic and cationic materials are not used in combination because they react to form salts. Thus, in practice, the anionic detergent shampoo is used first, followed by a separate cream rinse with a cationic material.
"The removal of dirt and excess oils from the hair with a shampoo is conventional but it has been long recognized that after shampooing the hair is difficult to manage, being inclined to knot and tangle and be usually only difficulty (sic) combable. The problem of wet combing has been dealt with by treating shampooed hair with a cream rinse which coats the hair shafts and causes the individual filaments in a tress to resist tangling and matting because of the cream rinse residue retained by them. The commonly accepted method, prior to the present invention, has been to shampoo the hair followed by rinsing and the separate application of a cream rinse followed by a second rinse".
This patent teaches making a shampoo/cream rinse composition by combining a cationic polymer .sup.1 with an anionic detergent, such sodium lauryl sulfate, triethanolammonium lauryl sulfate, sulfosuccinate half ester amide, .sup.2 and the like, and finding out that the components are compatible. FNT 1 Polymer JR-400, a product of the Union Carbide Corporation, is an O-alkyl-trimethylammoniumchloride substituted anhydroglucose polymer. FNT 2 Emcol 4161, a product of the Witco Chemical Corporation.
"This compatibility is totally unexpected since, in addition to the general knowledge that anionic and cationic substances tend to combine and salt out of solution, the technical information supplied by the maker of Polymer JR specifically states that `aqueous solutions of Polymer JR are not compatible with anionic polymers such as sodium carboxymethylcellulose and they are also incompatible with anionic detergents.`" Anguillo et al., col. 3, first full paragraph.
The long-recognized effect of combining anionic and cationic substances is a product known as a poissage, which is otherwise described as a glue-like substance or gunk.
As a consequence, shampoos have conventionally been made of foamy amphoteric compounds and cationic compounds and cationic surface active agents. A separate cream rinse is applied, if desired, following rinsing out of the shampoo composition from the hair, the cream rinse being used to condition the hair.
The Anguillo et al. finding combines--as indicated supra--"both shampoo and cream rinse action" in one composition. The cationic component thereof, viz., O-alkyltrimethylammoniumchloride substituted anhydroglucose polymer, is not a "household item", so to speak. As a result, it adds to the cost of conditioning shampoos containing same.
Subsequent to the Anguillo et al. patent of 1974, a U.S. Pat. No. 3,990,991 issued on Nov. 9, 1976 to patentee Terry Gerstein. It discusses the Anguillo et al. patent:
"Until recently the desirable properties of both a shampoo and a cream rinse could not be provided in a single formulation, and separate shampoo and cream rinse preparations had to be used if the desirable properties of each of these preparations were to be obtained. Claims have recently been made that a shampoo formulated to contain Polymer JR Resin, a water-soluble cationic cellulosic resin described in U.S. Pat. No. 3,472,840, possessed the desirable properties of both a shampoo and a cream rinse.
"However, although such preparations do clean and condition the hair, their detangling effects leave much to be desired. At best, these preparations, which contain in addition to Polymer JR Resin, triethanolamine lauryl sulfate and lauric diethanolamide, are inefficient detanglers when compared to cream rinses used independently. Furthermore, these preparations are formulated at an alkaline pH because not only do the anionic and alkanolamide surfactants function better on the alkaline pH side, but they are chemically unstable at acid pH. It is, however, preferable to use preparations of lower alkalinity for the hair." Col 1 of U.S. Patent No. 3,990,991, ls. 15-37.
Gerstein combines (a) an amphoteric surfactant, such as a substituted imidazoline [e.g., MIRANOL (trademark of Miranol Chemical Company, Inc.)], a long-chain N-alkyl derivative of beta-aminopropionic acid, and the like; (b) a cryptoanionic surfactant, such as SANDOPAN DTC (trademark of Sandoz Chemical Works, New York, NY), and (c) a cationic surfactant including, inter alia, Polymer JR, described supra, in footnote 1. According to the Gerstein patent, column 3, ls. 3-6, "[t]he amounts of amphoteric and cryptoanionic surfactants are adjusted so that the pH of the final formulation will be between about 3.0 and 8.5, preferably about 6.2 6.9."
The following additional references (patents and literature) are considered of varying interest, but nonanticipatory of the invention hereinafter claimed:
______________________________________ Patentee/s U.S. Pat. No. Issue Date ______________________________________ Tarasov et al. 3,996,146 December 7, 1976 Birkofer 3,962,418 June 8, 1976 Wendler et al. 3,926,840 December 16, 1975 Hewitt 3,849,348 November 19, 1974 Corey 3,793,210 February 19, 1974 Hewitt 3,755,559 August 28, 1973 Olson, Jr., et al. 3,697,452 October 10, 1972 Barker 3,668,136 June 6, 1972 Hewitt 3,642,977 February 15, 1972 ______________________________________
Also, the following scientific literature references have been uncovered:
Balsam et al., "Cosmetics Science and Technology", 2nd Ed., Vol. 2, March 1972, published by Wiley Interscience, New York, NY, p. 136; PA1 Gerstein, T., "Cosmetics and Toiletries," Vol. 93, February 1978, pages 15-44, Allured Publishing Corp., article entitled "Trends and aspects of contemporary shampoos II Developments in shampoo technology"; and PA1 Raphael, Leon, "Manufacturing Chemist", March 1958, pages 105-108, article entitled "Nonionic Surface Active Agents I. Chemistry and Manufacture." PA1 R.sub.1 is selected from (a) C.sub.1 -C.sub.3, and (b) ##STR5## wherein R.sub.4 is alkyl C.sub.1 -C.sub.4 ; and compounds wherein R and R.sub.1 are joined together to form, with the N atom of formula (I), supra, a member of the group consisting of piperidine, methyl piperidine, and pyrrolidine; ##STR6## in which R.sub.4 is alkyl C.sub.1 -C.sub.4, and the total number of carbon atoms in R.sub.2 is at least 18; PA1 A is an anion; and PA1 n and n.sup.1 are numbers the of sum which does not exceed 60.
Reference shall now be made to several of the above references as follows:
U.S. Pat. No. 3,793,210 to Corey concerns surfactant/shampoo compositions having improved solubility and foaming characteristics and made up of a keto acid in combination with surfactants, brighteners, conditioners, and the like. Typical surfactants are the ampholytic surface active agents, such as the fatty imidazoline, including those known as MIRANOL. If desired, anionic surface active agents may be present, such as the alkyl sulfates.
U.S. Pat. No. 3,697,452 to Olson, Jr. et al., discloses a conditioning shampoo containing an amphoteric detergent, e.g., MIRANOL, a higher alkyl amine oxide and a quaternary ammonium salt (cationic surfactant).
U.S. Pat. No. 3,755,559 to Hewitt is directed to shampoo compositions containing (i) a higher alkyl betaine, (ii) a higher alkyl amine oxide, (iii) a saturated fatty acid salt, and (iv) water. Optional components, pursuant to the patentee, include, e.g., a thickener, such as a methyl cellulose.
U.S. Pat. No. 3,642,977 to Hewitt prepares a shampoo from an amphoteric imidazoline, an amide-substituted carboxylic acid, and water.
U.S. Pat. No. 3,849,348 to Hewitt uses an alkyl betaine (e.g., cocoa betaine), a tertiary amine oxide, a quaternary nitrogen compound, and water to fashion his detergent composition suitable for use as a shampoo, skin cleansing liquid, and/or fabric-washing or conditioning composition. Adjuvant materials, such as gum, alkaline or acid buffers, may be present in this Hewitt composition.
Balsam et al., alluded to above, is directed to a hairdressing containing gum arabic, gelatin, and the like, in the concentration of 0.5 to about 2 percent.
As will be evident, infra, these references fail, singly or in combination, to anticipate or suggest the present discovery. This will be better understood from the description of the invention which is hereinafter provided.